Evans v. State

In Evans v. State, 33 Ark. App. 184, 804 S.W.2d 730 (1991), an officer entered a house based upon an anonymous tip and found marijuana plants before he had obtained consent to search the property. When the owner arrived, the officer told him that either he could consent to the search or the officer would obtain a search warrant; the owner then consented to the search. In reversing the trial court's denial of the motion to suppress, this court held that at the time the officer entered into the residence he did not have reasonable cause to do so, and he did not have the owner's consent to search the residence.